O XLI Rr 23,24 and 25 Appellate court powers to dismiss case Defective nominations of the case by Appellate Court remand; The court's order was rejected and after the rejection of it, some cases were settled for trial court. Both sides were aware of the basis of the defense, and it was not the case of either party before the appellate court that their rights were violated by the trial court as the matter was deemed invalid. Even if it was deemed necessary to refrain from these matters, the case itself was not sufficient to remand the case to the trial court, especially given that it had long been a matter for the appellate court. The decision in the litigation should have taken into account the provisions of Order XLI, Rules 23, 24 and 25 of the CPC. When evidence was available on record, the appellate court could determine prima facie at the end of the case, there was enough evidence on record to decide the cases even if it was denied, if it was considered. If evidence is required to be taken, instead of proceedings under Order LL of CPC, Rule 23, the appellate court should have proceeded under the provisions of Order XLI, Rule 25, CPC, trial The appellate court's decision was amended by directing the recording of additional evidence by the High Court and it will be referred to the trial. The court should record the evidence of the parties on the matters raised by the appellate court and directed that after recording the said evidence
Related judgments — Lahore High Court Lahore, 2012
